Federal Communications Commission DA 14-1114 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Adams Cable Equipment, Inc. Petition for Reconsideration of Adams Cable Equipment, Inc. ) ) ) ) ) ) CSR-8537-Z CS Docket No. 97-80 MEMORANDUM OPINION AND ORDER Adopted: July 31, 2014 Released: July 31, 2014 By the Senior Deputy Chief, Policy Division, Media Bureau: 1. On July 26, 2013, the Media Bureau (“Bureau”) adopted and released a Memorandum Opinion and Order (“ACE Waiver Order”) granting “a limited, conditional waiver of the ban on deploying set-top boxes with integrated security” to third-party cable operators that leased integrated set- top boxes refurbished by Adams Cable Equipment, Inc. (“ACE”).1 In addition to limiting the number of integrated set-top boxes that ACE could sell, the ACE Waiver Order required “ACE to file 6-month and 12-month reports… detail[ing] the number of devices sold directly to consumers as opposed to cable operators.”2 The deadlines for filing the six-month and twelve-month reports took effect “from the date on which [ACE made] its first sale subject to” the ACE Waiver Order.3 2. On July 3, 2014, ACE filed its six-month report with the Commission.4 Accompanying ACE’s six-month report was ACE’s Motion to Accept Late-Filed Report (“Motion”).5 The Motion stated that ACE sold its first device subject to the ACE Waiver Order in August 2013, which established February 2014 as the deadline to file its six-month report.6 In addition to requesting that the Commission accept ACE’s late-filed six-month report, the Motion asked that the deadline for ACE’s twelve-month report be pushed to January 12, 2015, so that it could “include data through December 31, 2014.”7 3. ACE’s Motion states that the “public has not been materially harmed by [ACE’s] omission because only a very small number of set-top boxes have been sold to cable operators.”8 1 Adams Cable Equipment, Inc. Request for Waiver of Section 76.1204(a)(1) of the Commission’s Rules, Memorandum Opinion and Order, 28 FCC Rcd 11011, ¶ 1 (MB 2013). See also 47 C.F.R. § 76.1204(a)(1). The separation of the security element from the basic navigation device required by this rule is referred to as the “integration ban.” 2 Id. at 11015, ¶ 5. 3 Id. at 11018, ¶ 7. 4 Adams Cable Equipment, Inc. Request for Waiver of Section 76.1204(a)(1) of the Commission’s Rules, Report, CSR-8537-Z (filed July 3, 2014) (“Report”). 5 Adams Cable Equipment, Inc. Request for Waiver of Section 76.1204(a)(1) of the Commission’s Rules, Motion to Accept Late-Filed Report, CSR-8537-Z (filed July 3, 2014). 6 See id. at 1. 7 Id. at 2. 8 Motion at 1. Federal Communications Commission DA 13-1114 2 Moreover, we find that the four-month delay in ACE’s reporting did not materially affect the public interest benefits that the Bureau found in the ACE Waiver Order.9 We therefore decline to revoke the conditioned waiver set forth in the ACE Waiver Order. We caution ACE to diligently meet its next reporting deadline. 4. Accordingly, IT IS ORDERED that ACE’s Motion to Accept Late-Filed Report is granted. As a result, ACE’s six-month report is accepted, and the deadline for ACE’s report containing data through December 31, 2014, is extended to January 12, 2015.10 5. This action is taken pursuant to authority delegated by Section 0.283 of the Commission’s rules, 47 C.F.R. § 0.283. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau 9 ACE Waiver Order, 28 FCC Rcd at 11015-8, ¶¶ 6-7. 10 We note that nothing in this Memorandum Opinion and Order should be construed to impact ACE’s Petition for Reconsideration of Adams Cable Equipment, Inc., which is still pending. See Adams Cable Equipment, Inc. Request for Waiver of Section 76.1204(a)(1) of the Commission’s Rules, Petition for Reconsideration of Adams Cable Equipment, Inc., CSR-8537-Z (filed August 16, 2013).